June 7th, 2018 | Updated on January 31st, 2022
When a family member or someone close to you passes away, it can be a difficult burden to bear. This is especially true if their death was untimely and could have been prevented.
It could qualify as wrongful death if a person or a company is to blame. When it happens, you can sue that person by filing a wrongful death suit.
Wikipedia.org defines the latter as a claim against a person that can be held liable for a death brought in usually by close relatives. The whole process can be a bit tiring and you need to get things in order to make it easier. Here are a few things you can try:
Before suing anybody, you need to know what grounds you are doing it on. This refers to the reason that can be supported legally. In most cases, people file a wrongful death claim because in addition to their close relative passing away due to negligence, they are also emotionally and economically affected by the death.
Before deciding to launch such a claim, be sure. Such claims can only be launched by spouses and children of the diseased depending on the state laws of where you are.
2. Proving fault
In order to have a case that is admissible in court, you need to be able to prove that the death of your loved one was the company’s or person’s fault. You need to have evidence that cannot be disputed.
If the court has reason to believe the deceased died due to natural causes or through his or her fault, you are unlikely to win the case. Therefore, make sure to get all your documents of proof in order before coming to court.
In most places, a wrongful death suit is only legible as long as you can prove that you suffered damages after the deceased passed on. There has to be a link between the two. If you don’t mention this, the judge may presume the damage caused to you depending on your relations.
If you are unable to prove that you were affected in any way and also unable to prove damages, be sure that your case won’t hold water in court. How the death of your loved one affected you is something that only you can tell.
A legal representative would be the best person to help you through the whole process. You can visit them for more information. They can explain your options to you and weigh the case for you.
If they feel like you need more proof, they are in the best position to help you get it. Therefore, choosing a good legal representative plays a major role in whether or not you will win the case. Choose someone who is experienced in that field and knows the legal system well.
It would be a plus if you got somebody that you can relate to and talk to. This will make you feel lighter.